Celebrating 30 Years of ADA While Continuing Forward.

Fighting InequityWorkplace of The Future

Jul 25

Maria Patrizia Santos, Graduate Assistant: Research Project Manager

Today marks 30 years since the American Disabilities Act (ADA) was enacted. This milestone was the first of its kind to prohibit employment, transportation, telecommunication, or public space discrimination based on a person’s mental or physical disability status. One of the most revolutionary aspects of the ADA is that it created tangible workplace rights for people with disabilities. Although this was particularly radical for its time, we still remain quite far from true equity for people with disabilities in 2020.

The ADA made space for individuals to legally report discrimination in the workplace, yet ableism heavily influences work culture and a lack of accessibility for people with disabilities. Ableism is defined as discrimination in favor of able-bodied people. For example, if a school building does not have a working elevator and only has stairs, this limits the amount of people who can access certain floors. If a person who uses an assistive device such as a walker or wheelchair is unable to reach all levels of the building, that is ableism.

White supremacist practices, capitalist systems, and the heteropatriarchy also play a role. These systems value bodies that are conventionally “strong” or “healthy” because they are more profitable in our current society. Traditional athletes are celebrities and idols. Olympians get commercial deals and sponsorships while the Special Olympics is a nonprofit organization that depends on donations to operate. These are just a few of the countless examples of how oppression of people with disabilities is deeply embedded in our current practices and beliefs.

And it isn’t just physical health discrimination. Research conducted years after the enactment of the ADA found that many employers still uphold discriminatory practices toward individuals with mental health disabilities. This bias often results in a reluctance or refusal to consider or hire individuals with mental health needs (2). The blatant outward stigmatization of those with mental health disabilities forces said individuals to choose between hiding or living transparently and disclosing their mental health status while running the risk of losing their job. Research has found that individuals with disabilities are generally unwilling to ask for special accommodations for fear they will be marked as different or in need of special treatment (3).

If this ADA law has been in place for 30 years, explicitly prohibiting discrimination against mental or physical disabilities, how are disability stigmas and stereotypes still determining hiring, firing and compensation practices?

It is here that we need to interrogate our own definitions of discrimination, ability, worth, and contributions to society. We must expand our inclusion standards to require belongingness, where individuals are not only welcome, but encouraged and supported to cultivate the spaces where they feel most safe to bring their full, authentic selves.

Workplace discrimination is not simply unfair treatment, harassment, denial of reasonable workplace change, or retaliation (4). Workplace discrimination is also preventing your employee or colleague from showing up as a whole, complex, multi-faced human being.

When you really think about it, we are all individuals with disabilities in one form or another. For example, I am unable to reach the top shelves in my cabinets due to my short stature. This requires support from an outside tool or amenity such as a step stool or chair in order to access what I need. Because our society has not stigmatized short stature, I am comfortable asking for or using this type of assistance.

When we look at the American Disabilities Act or other equity and anti-discrimination laws and bills, it is imperative that we continue to interrogate these systems to work towards a comprehensive form of equity. If a law is put into place that isn’t put into practice, it serves no purpose.

If you are looking for guidance to shift your work culture to cultivate a sense of Belongingness, please explore our resources below or reach out to us at info@wearebeloved.org and follow us on Facebook, Instagram, LinkedIn and Twitter.

This post was written by Maria Patrizia Santos, one of the Graduate Assistants at Beloved Community. Maria is currently pursuing her MSPH in Biostatistics and Data Science at Tulane University. She has been serving for over 2 years as a community engagement advocate, facilitating dialogues to spark self-reflection on how to dismantle systems of oppression.